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SIERRA v. CITY OF NEW YORK

No. 07 CIV. 6769(JSR).

535 F.Supp.2d 448 (2008)

Juana SIERRA, Plaintiff, v. CITY OF NEW YORK; New York City Department of Buildings, and Patricia J. Lancaster, in her capacity as Commissioner of New York City Department of Buildings; New York City Department of Housing Preservation and Development, and Shaun Donovan, in his capacity as Commissioner of New York City Department of Housing and Development; and Emad Ibrahem, Defendants.

United States District Court, S.D. New York.

March 3, 2008.

Attorney(s) appearing for the Case

Ami T. Sanghvi, Leslie T. Annexstein, Urban Justice Center, Molly Doherty, West Side SRO Law Proj., Martha Ann Weithman, Goddard Riverside West Side Sro Law Project, New York City, for Plaintiff.

Jerald Horowitz, New York City Law Department, New York City, for Defendants.

MEMORANDUM ORDER

JED S. RAKOFF, District Judge.

Plaintiff Juana Sierra challenges section 27-2076(b) of the New York City Housing Maintenance Code ("HMC"), which prohibits children from living in single room occupancy units ("SROs"), on the ground that the section discriminates on the basis of familial status in violation of the federal Fair Housing Act, 42 U.S.C. § 3604(a) ("FHA"). At the time Sierra filed her complaint, she and her two young...

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